WHO PARTICIPATE FROM ELIGIBLE JURISDICTIONS LISTED BELOW IN SECTION 5 OF THIS AGREEMENT
Certain products, services, and digital content may be made available to You from time to time for purchase through PINQUEST™. If offered, such purchases are to be governed by separately-presented terms of sale or Official Rules of any free game of chance promotion, all of which when published on the Application are incorporated by reference into and made part of this Agreement.
The date of latest revision of this Agreement is shown near the top of this page. By accessing the Application or utilizing the Application, You agree to be bound, and abide by, this Agreement as set forth herein, and by any updates to this Agreement that We may publish from time to time.
For those who participate in Our skill-based pinball game competitions from states shown below as eligible in Section 3, the PINQUEST™ Privacy Policy is incorporated by reference into and made part of this Agreement. The Privacy Policy explains how We processes Your personal identifying information, and protect Your privacy when You use the Application.
SALES OF PROPERTY AND SERVICES.
From time to time, We may offer for sale, goods or services that are advertised or posted on the Application. The prices charged for them are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or contract rights or intellectual property fixed in a tangible medium) that You may buy, (1) to the fullest extent allowed by applicable law WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGING. WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION, and (2) We shall be deemed to have fully performed Our duty to deliver tangible goods when We deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to You at the address that You supplied to us; it being understood that You bear the entire risk of loss or damage in transit, mis-delivery and non-delivery of the goods that You may buy from us. Prior to shipment We have the right to cancel any order and refund any payment based on a mistaken price quote on the Application.
CHANGES TO THE APPLICATION, ANY SKILL-BASED COMPETITION, OR GAME PROMOTION OFFERED ON THE APPLICATION.
PINQUEST™ may at any time change or discontinue any aspect or feature of the Application, including (not limited to) content, hours of availability, and equipment needed for access or use. When using the Application, You may be subject to additional posted policies, guidelines, or rules applicable to specific services, competitions, promotions, and features. These may be posted online and available to You from time to time (the “Policies”). All such Policies are hereby incorporated by reference into this Agreement and made part of this Agreement.
ELIGIBILITY TO PARTICIPATE IN SKILL-BASED PINBALL CONTESTS AND THE FREE GAME OF CHANCE PROMOTIONS.
Included Jurisdictions. Skill-based pinball competitions for which there is an entry fee and a prize award and any game promotion sponsored by PINQUEST, LLC and conducted on the PINQUEST™ Application are open only to persons who are at least thirteen (13) years of age at the time of participation and are otherwise eligible in accordance with the posted rules specific to the game, contest or promotion. Skill-based pinball competitions, involving any entry fee, and free game of chance promotions are available only to persons who participate from one of the following states.
- Alabama
- Alaska
- Arkansas
- California
- Colorado
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Maine
- Maryland
- Minnesota
- Missouri
- Nebraska
- New Jersey
- New Mexico
- New York
- North Carolina
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- West Virginia
- Wisconsin
- Wyoming
For avoidance of doubt, excluded jurisdictions are Arizona, Connecticut, Delaware, Florida, Georgia, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, Montana, Nevada, North Dakota, Puerto Rico, Utah, Virginia, Washington D.C., and Washington (State). Registration shall not be knowingly accepted for residents of those jurisdictions. We will not ship Prize merchandise to any address in an excluded jurisdiction.
PINQUEST does not represent or warrant that the Application or any part of it is appropriate or available for use in any particular jurisdiction. Those who choose to access the Application do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. At any time and at Our sole discretion, We may limit (in whole or in part) the availability of the Application to any person, geographic area or jurisdiction, all at Our sole discretion.
Other Terms of Eligibility. Notwithstanding any status as a paying participant in skill-based competition games conducted on the Application or as an entrant in the free game of chance promotion sponsored on the Application, no prize shall be awarded to any participant that is (1) registered not a natural person but instead a juridical entity, (2) simultaneously maintains more than one account with the Application or (3) is younger than thirteen (13) years of age. To be eligible to receive a prize, each entrant must be the registered owner of the email address identified in the entrant’s account with an internet service provider and throughout the competition and promotion will be eligible to participate only from that account and email address. An entrant’s participation from an email address other than her or his own, is void. Should there be a dispute regarding the identity of any winner, subject to all other eligibility conditions set out in this Agreement, the winner shall be the person in whose name the email account was opened.
Employees and agents of PINQUEST, LLC, its content providers, hosting entities, contracted data processors and advertisers, together with members of their respective immediate families and those living in their respective households, are ineligible to participate in any form of the competitions or free game of chance promotions.
Participants will be subject to disqualification and/or blocking for (among other acts) (a) misrepresentation of eligibility, (b) attempting in any way to impair or alter the function of the Application or any “third-party” application to which PINQUEST provides a link, (c) utilization of a proxy or virtual private network to circumvent blocking of participation from other than the eligible state listed above, (d) attempting to commit any form of fraud in connection with any competition or free game of chance promotion, (e) failure when requested by PINQUEST™ to furnish timely (and in any event within thirty days of PINQUEST™ request) an affidavit or declaration of eligibility in form and substance satisfactory to PINQUEST™ and that is legally binding in the jurisdiction of the participant’s residence or participation, (f) use of any message boards or chat rooms provided by the Application in a manner that in the sole opinion of PINQUEST™ is inconsistent with the PINQUEST™ message board guidelines set out in this Terms of Use and Service Agreement, (g) participating in any competition or free game of chance promotion while using multiple email addresses or email accounts, and (h) any other act which in the sole opinion of PINQUEST™ is inconsistent with the integrity of any playPINQUEST.com competition or game promotion or the goodwill or reputation of PINQUEST™.
CAUTION - Any attempt by a participant in the competition or free game of chance promotion to deliberately damage the Application or to subvert, impair, or compromise the conduct of any competition or game promotion may be a violation of criminal laws. Your entitlement to a prize may not be transferred person-to-person or otherwise. Attempted transfer of any of such a right, at the discretion of PINQUEST™, will be basis of a termination of the applicable PINQUEST™ account.
CHANGED TERMS.
PINQUEST™ has and reserves the right at any time and at its sole discretion, to change or modify this Terms of Use and Service Agreement and/or the policies, terms and conditions applicable to Your use of the Application, or any part of them, or to impose new terms, including and not limited to adding or increasing fees and charges for use of the skill-based competitions. Except for Section 5 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by any means, including and not limited to posting the revision date on the masthead of this Agreement, or by any other means by which You can obtain notice of the changed term or the new term. You should periodically check this for any changes to the revision date of this Agreement. Any continued use of the Application by Yourself after the posting of any such new revision date or other notice will be deemed to constitute Your binding acceptance of any such changes, modifications, additions or deletions. If any modification, change, addition or deletion to this Terms of Use and Service Agreement is not acceptable to You, Your only recourse is to terminate Your PINQUEST™ user account and by that act terminate the ongoing term of this Agreement and thereafter to refrain from using and accessing the Application. Upon that or any termination of Your account, all of its terms and conditions, including (not limited to) Sections 5, 8, 9, and 13 through 16 shall survive such termination as to all times prior to and following the termination.
BINDING ARBITRATION AND CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN A COURT OF LAW AND YOUR RIGHT TO A TRIAL BEFORE A JURY.
THE PROVISIONS OF THIS SECTION 5 ARE SUBJECT TO THE SUPERVENING RIGHTS OF PINQUEST, LLC, ITS CONTRACTED DATA PROCESSOR, AND ALL OTHER “RELEASED PARTIES” AS SET OUT IN SECTIONS 12 (TERMINATION OF USER RIGHTS GRANTED TO YOU, 13 (DISCLAIMER OF WARRANTIES; ASSUMPTION OF RISK), 14 (LIMITATION OF LIABILITY), 15 (INDEMNIFICATION), AND 16 (EQUITABLE REMEDIES).
Initial Dispute Resolution. The PINQUEST™ Customer Support department is available to address any concerns You may have regarding the Application. Most concerns can be quickly resolved in this manner to Our customers' satisfaction. You and PINQUEST™ shall use their best good-faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation and good faith discussions. Evidenced willingness to participate in such good-faith discussions shall be a precondition to either Party initiating a lawsuit or arbitration.
Binding Arbitration. If the Parties do not reach an agreed-upon solution within a period of thirty (30) days from the time that initial dispute resolution is first initiated pursuant to the paragraph immediately above, then subject to the arbitration terms set out below, either Party may initiate binding arbitration as the sole means to resolve any disputes. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the Parties' legal relationship with each other and/or Your use of the PINQUEST™ Application shall be finally resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitration Rules, as appropriate, excluding in any event, any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce. Accordingly, the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability, and formation of this Agreement, notwithstanding the choice of law and forum selection provided for below in this Section 5. The arbitrator or arbitrators, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation, any claim that all or any part of this Agreement is void or voidable, or whether a claim or dispute is subject to arbitration. Except as noted below, the arbitrator or arbitrators shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrators’ report and award, including (not limited to) recommendation for equitable relief and declaratory relief, shall be binding on the Parties and may be entered as a judgment or order in any court of competent jurisdiction. The arbitrator or arbitrators shall not have the power to award punitive damages or tort damages. Arbitration shall be initiated in and proceed in Denver County. You and PINQUEST agree to submit to the personal jurisdiction of the District Court of Colorado, Denver County in order to compel arbitration, to stay judicial proceedings pending arbitration, to confirm, modify, vacate, or enter judgment on the award entered by the arbitrators and to enforce equitable relief that the arbitrators may not have jurisdiction to award or enforce independently of a court. If in violation of Your agreement to submit to binding arbitration, You should initiate a lawsuit against PINQUEST™ or PINQUEST, LLC or any employee, data processor, or agent, employee or affiliate of PINQUEST, LLC , by this Terms of Use and Service Agreement You stipulate irrevocably that no act of defense of the litigation, no matter how protracted, shall be deemed a waiver of the right to compel binding arbitration, or the right to resolve disputes between You and PINQUEST™ or PINQUEST, LLC, by binding arbitration as here provided.
Class Action Waiver. The Parties further agree that any arbitration and litigation allowed under this Section 5 and any litigation related to PINQUEST™ shall be conducted in their respective individual capacities only and not as a class action or other representative action. Accordingly, the Parties expressly and mutually waive their respective right to file a class action or seek relief on a class basis.
YOU AND PINQUEST MUTUALLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null, void in its entirety, the Parties shall be deemed to have not agreed to arbitrate disputes, and the remainder of this Agreement shall survive and remain valid and enforceable.
THE APPLICATION.
We provide to Our account holders, access to a rich collection of entertainment resources, especially pinball skill-based e-sports competitions. Not initially, but in the future, these resources may also include communication and social networking tools, online forums, message boards, chat rooms, ladders, leagues, news, reviews, personalized content, and branded programming. The PINQUEST™ free game of chance promotion may involve an offer of a premium to winners or successful participants. As context may require, this bundle of paid-for and free content, services, competitions, and other benefits should be considered part of the Applications.
To participate in Our competitions, You will need to log in, provide certain information, and establish a user account with the Application. An inactive user account with the Application is an account in which the user has not logged in for one hundred eighty (180) consecutive days. If Your PINQUEST™ user account becomes inactive but is not terminated as provided for under Section 12 (Termination) of this Terms of Use and Service Agreement, You will be subject to (and obligated to pay) a monthly inactive account fee.
We endeavor to make Your experience with the Application a pleasant one. However, We cannot always foresee, anticipate, or prevent technical or other difficulties. These difficulties may result in loss of data, loss of personalization settings, or other service interruptions. Therefore, You agree that PINQUEST™ provides the Application on an "AS IS" and "AS AVAILABLE" basis. PINQUEST™ does not assume responsibility for the timeliness, deletion, non-delivery, or failure to store any user data, communications, or personalization settings.
PINQUEST™ has and reserves the right to change or discontinue, temporarily, or permanently, the Application at any time. You agree that PINQUEST™ will not be liable to You or anyone else for any modification or discontinuance of the Application at any time for any reason or in the absence of a reason.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any person not a Party to this Agreement (sometimes, colloquially, a “third party”) including (among others) information providers, businesses that PINQUEST, LLC hires to process its data and the personal identifying data of its customers, and any user of the Application, are those of their respective sources, author(s) and publisher(s) and not of PINQUEST™ or PINQUEST, LLC. PINQUEST™, neither endorses nor is responsible for the accuracy or reliability of any “third-party” opinion, advice, or statement made through the Application and expressly disclaims any and every liability in connection such opinion, advice, or statement. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by “third parties,” including (among others) information providers, contracted data processors, and any user of the Application, are those solely of their respective sources, author(s), or distributor(s) and not of PINQUEST™. PINQUEST™ neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made through the Application. PINQUEST™ expressly disclaims any and all liability in connection such opinion, advice, or statement.
Your use of the Application is at Your own risk. The Application may include hyperlinks to other Applications or services (“Third-Party Sites,” so called) solely as a convenience to You. PINQUEST™ has no control over “Third-Party Sites.” PINQUEST™ does not endorse “Third-Party” Sites. PINQUEST™ is not responsible for any Third-Party Sites or the information, advertising, products, services, materials, or privacy protection contained on, promised by, or accessible through any Third-Party Sites. You agree that PINQUEST™ is not liable for any loss or damage which may be incurred by Yourself as a result of the availability of or Your use of any Third-Party Site or as a result of any reliance placed by Yourself on the completeness, accuracy, or existence of any such information, advertising, products, services or materials contained on or accessible through any such Third-Party Site. Your use of any Third-Party Site or the services provided by them shall be governed only by such terms between Yourself and such Third-Party site.
Some of the Services provided by PINQUEST™ on the Application from time to time may be supported by advertising revenue and may display advertisements and promotions. In consideration of PINQUEST™ granting to You, access to and use of the PINQUEST™ Application, You agree that PINQUEST™ may place advertising and promotions on the Application. You further agree that the manner, mode, and extent of advertising and promotions by PINQUEST™ on the PINQUEST™ Application are subject to change without specific notice to You.
YOUR USE OF THE APPLICATION.
You must provide true, accurate, current, and complete information about Yourself as requested in the PINQUEST™ Application’s registration forms. You must update Your registration data to keep it current and accurate within a reasonable time after any change to that data.
You must use the Application for only lawful purposes and in compliance with this Agreement. After the original date of this Agreement referenced above, the Application may from time to time include interactive areas or services, such as chat boxes or message boards, in which You or other users may create, post, or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code, or other items or materials on the Application. You are solely responsible for Your use of such interactive services. You must use them at Your own risk.
You must comply with the following Rules of Conduct in connection with Your use of the Application especially any facility which allows You to post user-supplied content. Whenever message boards & chat boxes that allow display or transmission of user supplied content are provided, You must not post, upload, distribute, or otherwise transmit through the Application, any content that solicits or pertains to sale or other transfer of any of Your account, Your entitlement to participate in PINQUEST™ skill-based pinball competitions or free game of chance promotions, or winnings from PINQUEST™ skill game competitions or free game of chance promotions. Whenever message boards & chat boxes that allow display or transmission of user-supplied content are provided, You must not post, upload, distribute, or otherwise transmit through the Application, any content that may be defamatory, libelous, constitute slander, or may be pornographic, indecent, lewd, calculated to disparage, harass or threaten, or to promote racism or other forms of hatred, impersonating as to any person or entity, violates the privacy or publicity rights of any person or entity, misrepresents Your affiliation with any person or entity, is fraudulent, is, encourages, or constitutes instructions regarding any criminal offense, contains personal identifying information of any person, infringes upon any copyright, trade mark, trade secret, proprietary right, or other intellectual property right of any person or entity or is classified (confidential, secret or top secret) United States defense information. (Videos and photographs can be an infringement if posted in the absence of written permission of the owner of the rights to them. You shall not post them on the Application.) By Your act of posting of any content on the Application, You are deemed to have warranted and represented to PINQUEST™ and its members, managers, agents, and contracted data processors that all postings that You make will comply with these rules and that You acknowledge that prohibited postings may expose You not only to being barred from the Application but also to civil liability to PINQUEST™ or third parties, and even to exposure to criminal liability.
The Rules of Conduct in connection with Your use of the Application also prohibit Your posting, uploading, distribution, or other transmission to or through the Application, of any malware or spyware, or that contain software viruses, corrupted data, or other harmful, disruptive, or destructive files or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or contain, refer to, or comprise advertisement, unsolicited offers, promotional materials, pyramid schemes, bulk mailing of commercial advertising, charity requests, signature petitions, or promotional giveaways, such as sweepstakes, contests, and raffles.
The Rules of Conduct in connection with Your use of the Application also prohibit (1) removal, circumvention, disabling, or damaging and otherwise interfering with security-related features of the Application, and (2) reverse engineering, disassembly, decompiling, and all other activities related to discovery of source code used in connection with the Application or features that limit their use, or other actual or attempted piracy, and (3) actual or attempted modification, adaptation, creation of derivative works (all) based upon the Application, and (4) the use of any so-called robot, spider, scraper, crawler, or other automated means to access the Application, or to participate in any competition distributed through the Application, including (not limited to) for the purpose of bypassing, disabling, or overcoming measures used to prevent or restrict access to the Application.
The Rules of Conduct in connection with Your use of the Application and the Pin ™Service also require You to safeguard Your Application account number and pass word, and any credit instrument that You use to purchase merchandise or skill game play. In the event that We are notified of credit card a chargeback against Your PINQUEST ™ Service account in any amount, We will terminate Your Application account, deny any application that You may make and as liquidated damages and not as a penalty, and without prejudice to any of Our other rights, retain any prepaid balance in Your account as of the date of termination and any promotional winnings and skill contest winnings then due and unpaid.
The above are some but not all examples of prohibited conduct. They are not intended to be exhaustive. Any conduct by Yourself that, in the sole discretion of PINQUEST™ restricts or inhibits any other user from using or enjoying the Application is prohibited. PINQUEST™ shall have the right, but not the obligation, to monitor the content of the Application, including profiles and forums, to determine compliance with this Agreement and any policies and other operating rules established by PINQUEST™ and to comply with any law, regulation, or authorized government request. PINQUEST ™ will make the determination as to what content is acceptable in its sole discretion. PINQUEST™ shall always have the right (but never the obligation) to edit or remove any content at any time without notice, in its sole discretion. Without limiting any other rights or remedies of PINQUEST™, any violation of this Terms of Use and Service Agreement may result in removal of the prohibited communications and/or suspension or termination of Your user account and of rights to use and access the Application.
You understand that, when using the Application, You may be exposed to user-supplied content from a variety of sources. PINQUEST™ is not responsible and shall not be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such user-supplied content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If You do so object, You should not use the Application. PINQUEST™ does not pre-screen or endorse any “third-party” or user-supplied content and is not responsible or liable under any circumstances for such content.
You understand that access to the Application may result in access to other users’ names, screen names, e-mail addresses, and other information as set out in the Privacy Policy (in this Agreement, “personal identifying information”) which is protected by applicable data protection and privacy laws. You understand, acknowledge, and agree that any personal identifying information from other users constitute the confidential information of PINQUEST™. You agree and promise not at any time to scrape, copy, aggregate, redistribute, alter, reproduce, or re-use any user’s Personal Identifying Information accessible through the Application whether specific to any user or an aggregation of users.
PINQUEST™ offers its users the opportunity to participate in certain online competitions, tournaments, and free game of chance promotions, some of which may have prizes for the winners. If You participate in such online competitions, tournaments and free game of chance promotions, as a condition precedent to Your receipt of any prize, You may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by Yourself. Certain conditions of eligibility to compete in the online competitions, tournaments, and free game of chance promotions are set out in Section 3, above. Additional eligibility requirements are disclosed in the Official Rules of the game promotion. If You do participate in a PINQUEST™ free game of chance promotion but are ineligible to do so, the offer of a prize award will not apply to You and You will not be allowed to collect any prize or receive any refund. As a condition precedent to collecting a prize for which You are eligible, You may be required to provide information reasonably requested by PINQUEST™ and (for prize awards of more than $600 as a calendar-annual aggregate irrespective of any purchases to which You may apply Your prize award) information that by law PINQUEST™ requires to enable its preparation and filing of Internal Revenue Service Form 1099-MISC, PINQUEST™ will if required report the calendar aggregate value of the prize to federal and/or state taxing authorities.
TRADEMARKS, COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY.
The Application is owned and operated by PINQUEST, LLC. All content, trademarks, and other proprietary materials and information on the Application, are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Such proprietary materials include (as examples, not limitations) PINQUEST™ logos, the Application visual interfaces, graphics, design, compilation, information, software, computer code (both source code and object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files, and the selection and arrangement of all of them, and all other materials (collectively, the “Materials”), are protected as applicable by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. PINQUEST, LLC (together with its affiliated companies and “third-party” licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the Application under copyright laws.
PINQUEST, LLC has and expressly reserves all rights, including, without limitation, all trademark rights, in and to the PINQUEST trademarks. Unless otherwise agreed in writing by PINQUEST, LLC, or expressly set out in this Agreement, You agree that nothing in this Agreement gives You a right to use any of the PINQUEST trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of PINQUEST™ or the Application.
For the avoidance of doubt, You are granted only a limited, non-exclusive, terminable, nontransferable, and non-sublicensable license (i.e. a personal and limited right) to access and use the Application for Your own personal use and no other use. This license is subject to this Agreement and does not include any right to do any of the following: (a) any resale, transfer, or commercial use of the Application or the Materials (or any of the Materials); (b) the distribution, public performance, or public display of any Materials; (c) modifying, publishing, transmitting, participating in the transfer, or sale of, creating, or otherwise making any derivative uses of the Application or the Materials, or any portion of them, or in any other way exploiting any of any of the Materials, in whole or in part; (d) using any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Application, the Materials or any information contained in them, except as expressly permitted on the Application; or (f) any use of the Application or the Materials except for their intended purposes. Except as otherwise permitted as “fair use” under United States copyright law, no copying, redistribution, retransmission, publication, or commercial or non-commercial exploitation of the Materials will be permitted without the express written permission of PINQUEST, LLC. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of, author attribution, trademark legend, or copyright notice shall be made. Any use of the Application or the Materials except as specifically authorized in this Agreement, without the prior written permission of PINQUEST, LLC, is strictly prohibited. All rights not expressly granted in this Agreement are hereby expressly reserved by PINQUEST, LLC.
COPYRIGHT COMPLAINTS.
PINQUEST, LLC must respect the intellectual property rights of others. Accordingly, We ask Our users to do the same. If You believe that Your work of authorship has been copied in a way that constitutes infringement under United States copyright laws or international conventions to which the United States of America is a signor, or that Your intellectual property rights have been otherwise violated, You must notify PINQUEST™ of Your infringement allegation in accordance with the procedure set out in this Section 9. In response to such a notification, PINQUEST™ will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement.
Notice of Take-Down Request. A notification of alleged copyright infringement is effective only when emailed to the PINQUEST™ Copyright Agent at: support@playPINQUEST.com with the email subject line: "DMCA Takedown Request"). You or anyone else complaining of publication of infringing material may also send a takedown request by United States Postal Service, Federal Express or United Parcel Service to:
PINQUEST, LLC
Attention: DMCA Takedown Request
12235 Pecos St
Unit 300C
Westminster, CO 80234
To be effective, the notification must be in writing and contain the following information:
An electronic or manual signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest regarding which the allegation is made;
A description of the copyrighted work or other intellectual property that You (or a “third party” so called) claim has been infringed;
A description of where the material that You (or the so-called “third party”) allege is infringing is located on the Application, with enough detail that PINQUEST™ may find it on the Application;
Your physical mailing address (and that of any alleging “third party”), telephone number, and email address;
A statement by Yourself that You (and alleging “third party”) have (or as applicable, has) a good-faith belief that the disputed use is not authorized by any of the copyright owner or intellectual property owner, its agent, or the law; and,
A statement or declaration by Yourself (or that of the alleging “third party”) made under penalty of perjury, that the above information in Notice of take-down request is accurate and that person serving the Notice of take-down request is or represents the copyright owner or intellectual property owner or is authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice. If as applicable You (or the alleging “third party”) believe that such person’s User Content that was removed (or to which access was disabled) is not infringing, or that such person has the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Application, such person may send a written counter-notice containing the following information to the Copyright Agent:
Such person’s physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that such person has a good-faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
Such person’s name, physical address, telephone number, and email address, a statement that such person consents to the jurisdiction of the federal court sitting in Denver, Colorado, U.S.A. and a statement that such person will accept service of process of that court upon the suit of the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, PINQUEST, LLC. will send a copy of the counter-notice to the original complaining party informing that person that PINQUEST, LLC. may replace the removed content or cease disabling it in ten (10) business days. Unless the complaining alleged copyright owner files an action in the Federal District Court sitting in Denver, Colorado (U.S.A.) seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in fourteen (14) days or more after receipt by PINQUEST™ of the counter-notice, at the sole discretion of PINQUEST™.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, it is the policy of PINQUEST™ in appropriate circumstances and at its sole discretion, to terminate the account and access to the PINQUEST™ Application of users who are deemed to be repeat infringers. PINQUEST™ may also at its sole discretion limit access to the PINQUEST™ Application and terminate the participation of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
USE OF THE APPLICATION BY PERSONS OTHER THAN YOURSELF.
You acknowledge and understand that it is Your sole responsibility to make sure that others do not obtain or use the Application through Yourself for any purpose not expressly permitted under this Agreement, whether through Your account or at Your direction, or under Your supervision or with Your permission. You must scrupulously safeguard and effectively prevent access by all others to Your Application account number, pass word and the credit instrument that You use to access the Application. You must immediately notify PINQUEST™ if You suspect that there has been any unauthorized use of Your Application account. You further expressly acknowledge and agree that PINQUEST™ and its authorized data processors, service providers, and other agents may audit Your use of the Application. You are solely responsible and liable for all use of the Application under Your account. You are solely responsible and liable for ensuring that all use of the Application under Your account fully complies with this Agreement. All content or instructions transmitted by or received from anyone through Your account will be deemed binding on Yourself. You shall be responsible for protecting the confidentiality of Your PINQUEST™ password and the credit instrument that You use to access the Application. If You suspect that Your password has been compromised, You must promptly contact the Application through the Contact Us tab at www.playPINQUEST.com. Please refer to Section 7 of this Agreement regarding chargebacks by Your bank.
CONSENT TO COMMUNICATION; USE OF DATA.
By using the Application, You consent to receive communications from the Application and its contracted data processors as its agents. Such communications may include (a) notices, (b) agreements, (c) legally required disclosures, (d) offers from the Application, and (e) other information in connection with the Your data profile and use of the Service. Electronic communication including via text message and e-mail may be sent to You for which You may incur a telecommunication service fee or a fee from Your Internet service provider. Your consent to such communications is a condition precedent to Your right to use the Application. You further agree that We and Our contracted data processor may collect and use technical data and related information, including but not limited to technical information about Your device, system, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Service. You agree that Service Provider may use this information to improve its products or to provide services, information, or technologies to You. You have the ongoing prerogative to withdraw Your consents as granted under this Section 11 but be advised that withdrawing Your consents or any of them shall have the effect of immediately terminating Your access to the Application immediately and without further Notice.
TERMINATION OF USER RIGHTS GRANTED TO YOU.
Your right of access to and use of the Application shall terminate automatically, immediately, and with or without notice upon (1) Your failure to comply with any term of this Agreement, or (2) Your violation of intellectual property rights of PINQUEST™, the Application, or its licensors, or (3) Your violation of any applicable law in connection with Your use of the Application. Such termination will occur if anyone other than Yourself directly or indirectly accesses the Application in connection with Your user credentials, as provided more explicitly under Section 10 of this Agreement. Upon the termination of Your user rights under this Agreement, You shall cease all use of the Application. Any Application, software, or other consumable application related to the Application may then not be available to You. Upon termination of Your rights under this Agreement, You shall no longer be permitted to use the Application, and PINQUEST™ and its contracted data processor acting as the agent of PINQUEST shall be entitled, jointly and severally, notwithstanding any agreement otherwise to resolve disputes by arbitration, to sue in a court of law and to receive as remedies, in addition to all remedies at law, declaratory relief, specific performance, injunction, and other equitable remedies in respect of Your foregoing obligations or breach of any of them. The rights and remedies of PINQUEST and its agent shall survive any termination or restriction of Your rights under this Agreement and otherwise as a user of the Application. Such rights include (not limited to) their joint and several right to change, suspend, remove, or disable Your access to the Application (including any content) at any time and with or without notice.
DISCLAIMER OF WARRANTIES; YOUR ASSUMPTION OF RISK.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF SECURITY OR SATISFACTORY QUALITY, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF “THIRD PARTY” RIGHTS. NONE OF PINQUEST™, OR PINQUEST’S CONTRACTED DATA PROCESSOR OR ANY OTHER AGENT OF PINQUEST™ WARRANTS OR GUARANTEES THAT: (A) YOUR ENJOYMENT OF THE APPLICATION WILL NOT BE INTERFERED WITH OR CONTINUOUSLY AVAILABLE, OR (B) THE SERVICE, SOFTWARE AND CONTENT WILL BE FREE OF ANY VIRUS, CORRUPTED DATA OR OTHER HARMFUL, DISRUPTIVE OR DESTRUCTIVE CODE OR FILES, OR (C) THE FUNCTIONS OR CONTENT CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR (D) THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE, OR (E) DEFECTS IN THE SERVICE OR CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY SPOKESMAN FOR THE APPLICATION OR FOR A DATA PROCESSING CONTRACTOR OF PINQUEST OR A REPRESENTATIVE OF EITHER OF THEM SHALL CREATE A WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PINQUEST NOR ANY CONTRACTED DATA PROCESSOR OF PINQUEST ASSUMES ANY RESPONSIBILITY AND HEREBY AFFIRMATIVELY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY ERRORS OR OMISSIONS ON OR IN THE APPLICATION, AND THE SOFTWARE AND THE CONTENT OF THE APPLICATION. THIS DISCLAIMER APPLIES TO (AMONG OTHER THINGS) (A) ANY ERRORS OR OTHER INACCURACIES, (B) “THIRD-PARTY” MATERIALS AND ANY OTHER PRODUCTS, AND (C) ANY OFFERS OR SERVICES OF THE APPLICATION. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND RELATED SOFTWARE AND CONTENT, INCLUDING ANY VISIT TO OR ANY BUSINESS TRANSACTION WITH ANY APPLICATION PARTNERS OR OTHER DESTINATIONS, OR USE OF ANY “THIRD-PARTY” MATERIALS, REMAINS WITH YOU AND EACH OTHER RESPECTIVE USER OF THE APPLICATION. SHOULD THE APPLICATION OR CONTENT PROVE DEFECTIVE IN ANY WAY, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
You hereby acknowledge and understand that by using the Application, you may accumulate PINQUEST™ rewards (the “Points”). You hereby acknowledge and understand that all Points that You earn shall be stored on the Application. Your Points will not be redeemable for any currency, including U.S. dollars, now or at any time in the future. Points that You accumulate at a particular PINQUEST™ affiliate location (each, an “Affiliate”) may be exchanged for prizes on the Application. You hereby acknowledge and understand that Points that You earn by playing at an Affiliate cannot be combined with, or exchanged for, Points that you earn at another Affiliate’s location. Furthermore, Points earned at an Affiliate can only be redeemed while that Affiliate has an effective contract with PINQUEST™. If an Affiliate’s contract with PINQUEST™ terminates for any reason, at any time prior to Your redemption of those Points, You shall not be able to redeem those Points after the termination of the Affiliate’s contract with PINQUEST™.
You hereby agree and acknowledge that You will not hold PINQUEST™ liable in the event that an Affiliate’s contract with PINQUEST™ terminates, rendering all or some of Your Points irredeemable, and that your sole remedy in such an event is through that Affiliate. You hereby acknowledge and accept the risk that one or more Affiliates could cease its relationship with PINQUEST™ at any time and for any reason, and further, that PINQUEST™ is not responsible for any Points that You cannot redeem because an Affiliate ceased its operations or ceased to do business with PINQUEST™.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER THE APPLICATION NOR ANY CONTRACTED DATA PROCESSOR OF THE APPLICATION NOR ANY AFFILIATE, LICENSOR, OR VENDOR OF EITHER OF THEM, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”) SHALL BE LIABLE FOR (A) ANY DECISION MADE OR ACTION TAKEN OR OMITTED BY YOURSELF OR ANYONE ELSE IN RELIANCE UPON THE APPLICATION, THE SOFTWARE OR THE CONTENT, OR (B) FOR LOSS OR INACCURACY OF DATA, OR (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (D) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR ACCOUNT, DEVICE, OR INFORMATION; OR (E) UNAVAILABILITY OF OR INABILITY TO ACCESS THE APPLICATION, THE SOFTWARE, AND/OR THE CONTENT, OR (F) ANY DAMAGE TO YOUR DEVICE OR OTHER PROPERTY WHICH IS CAUSED BY YOUR OR ANY OTHER USERS USE OF THE SERVICE, THE SOFTWARE, OR THE CONTENT; OR (G) ANY LOSSES OR LIABILITIES WHICH RESULT FROM YOUR OR ANYONE ELSE’S USE OF THE APPLICATION, THE SOFTWARE OR CONTENT WITH EQUIPMENT AND SYSTEMS WHICH DO NOT MEET THE SPECIFICATIONS FOR THE SERVICE PUBLISHED OR OTHERWISE MADE AVAILABLE BY THE APPLICATION OR ITS CONTRACTED DATA PROCESSOR, OR (H) ANY LOSS ALLEGEDLY ARISING OUT OF YOUR PARTICIPATION IN ANY FREE GAME OF CHANCE PROMOTION AVAILABLE THROUGH THE APPLICATION, OR (I) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT OR OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) (ALL) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APPLICATION, THE SOFTWARE OR THE CONTENT, EVEN IF PINQUEST, LLC OR ANY OTHER RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL PINQUEST’S CONTRACTED DATA PROCESSOR, ACTING AS PINQUEST’S AGENT OR OTHERWISE OR ITS AFFILIATES, OR THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, OR OWNERS, BE RESPONSIBLE OR LIABLE FOR ANY (I) “THIRD-PARTY” MATERIALS OR ANY NEGLIGENCE, WILLFUL MISCONDUCT, OR OTHER ACT OR OMISSION OF ANY SERVICE PARTNERS OR ANY OTHER “THIRD PARTIES” OR (II) ANY PERSONAL INJURY, BODILY INJURY, DEATH, OR DAMAGE TO PROPERTY WHICH OCCURS AT ANY DESTINATION OR ON THE PREMISES OF ANY SERVICE PARTNERS OR ANY OTHER “THIRD PARTY” OR WHICH IS OTHERWISE CAUSED BY A SERVICE PARTNER OR ANY OTHER “THIRD PARTY” OR SUCH “THIRD PARTY’S” PRODUCTS OR SERVICES. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE ENTIRE LIABILITY UNDER THIS AGREEMENT OF PINQUEST’S CONTRACTED DATA PROCESSOR (REGARDLESS OF THE FORM OF ACTION OR CLAIM) SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION.
To the fullest extent not prohibited by applicable law, You shall indemnify, defend and hold harmless PINQUEST, LLC, the contracted data processor of PINQUEST, LLC, and all other Released Parties, jointly and severally, against any claims, demands, actions, losses, and liabilities, and related costs and expenses incurred by them and any of them (including reasonable attorney’s fees, costs of defense and costs of investigation), which result from any breach of any covenant, representation, or warranty by Yourself under this Agreement, and any violation of the intellectual property rights of PINQUEST’s contracted data processor and/or its licensors, and/or any violation of applicable law by Yourself or any other user which gained access to the Application through You, under Your account, at Your direction, under Your supervision, or with Your permission.
EQUITABLE REMEDIES.
Your violation(s) of this Agreement may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and/or injunctive redress. You agree that monetary damages may not provide a sufficient remedy to PINQUEST, LLC or its contracted data processor for Your violations of this Agreement. Accordingly, over and above other remedies available to PINQUEST, LLC, its contracted data processor and the Released Parties characterized as such in Section 14 of this Agreement, You consent to the application of injunctive or other equitable relief for such violations to the maximum extent not prohibited by applicable law.
USER SUPPORT
For support, You may use any of the following:
Go to www.playPINQUEST.com
Email the 24-hour support desk of the Application at support@playPINQUEST.com. When applicable, any response or reply texts from You to PINQUEST™ shall not be accepted.
GENERAL AND CONTACT INFORMATION.
PINQUEST takes Your privacy and that of every user of the Application seriously. We make reasonable efforts to protect it from unauthorized disclosure. We have created this Privacy Policy in order to inform You about Our collection, protection and use practices. We will never without Your prior knowledge and approval, knowingly sell Your personal information to a data broker or other “third party” or use any Personal Identifying Information not in depersonalized form for profiling.
This Privacy Policy is subject to change at any time. Any changes will be posted on the Application. This Privacy Policy is integral with and a part of Our Terms of Use and Service Agreement (together, the “Policies”), and subject to all of its terms, including the definitions that are set out in that Agreement. As is the case with Our Terms of Use and Service Agreement, We have and reserve the prerogative to make amendments, modifications, or revisions to the Application and this Privacy Policy. The posting of any amendments, modifications, or revisions, online witin the Application shall constitute effective notice under these Policies. Your continued use of the Application thereafter, shall constitute Your acceptance of such changes. By using Our identification and location services, You consent to this Privacy Policy. To review the PINQUEST™ Policies, please visit www.playPINQUEST.com.
WHAT PERSONALLY IDENTIFIABLE INFORMATION DOES PINQUEST COLLECT; HOW IS IT USED?
In order to use the Application, You will be asked for certain Personal Identifying Information such as name, email address, home or business address, and other information. For example, when You request information about or register as a user of the Application, contact information which You provide to Us can be used to communicate with You. We will not collect personally identifiable information from You while You use the Application, unless You voluntarily provide it to Us or otherwise authorize Us to collect such information, but providing to Us the Personal Identifying Information that We request is at all times a condition of Your continued use of the Application.
For example, if You purchase services or merchandise, You will be required to provide information necessary to complete the purchase transaction. The Application transmits necessary identity authentication and location information, as required by this Application. By enrolling in the Application, You are agreeing to have Your location (including Your cell phone location or as applicable mobile device location) and other Personal Identifying Information logged and used for account authentication. Each time this occurs some or all of the following information may be authenticated: Your identity, location, service approval, activity, and financial transaction approval. This information is stored securely and used to ensure that You are currently within the proper parameters for compliance associated with the Application and any other service that is being accessed, as both required by law, and the Terms of Use and Service Agreement.
Your data will be used by the Application, by any “third-party” selling merchant, by PINQUEST’s™ contracted money transmitting business, and by PINQUEST’s™ contracted data processor (all) in order to execute the functions of the Application. Data provided by Yourself and the other ‘third parties’ characterized above as well as any data collected as part of the functions of the Application may be shared with “third party” transaction participants, including (but not limited to) PINQUEST’s contracted data processor. All identity, location, financial, device, or other known data is transmitted via Secure Socket Layer (SSL) technology into password protected servers. This information is used to enable the Application in the performance of its service. Specific Personal Identifying Information connected with financial transactions between Yourself and any “third party” other than those characterized in this paragraph is not shared with any other person unless disclosed in this Privacy Policy or with Your consent. This data may be used by PINQUEST’s contracted data processor for updating and enhancing Your legally-required “know your customer” identification profile.
You may provide other information about Yourself in addition to the mandatory Personal Identifying Information (“Voluntary Information") for example, by posts on any message board or chat room. Voluntary Information provided to the Application will be viewable by all other users of the Application and will not be protected from public disclosure.
We may use or disclose Your Personal Identifying Information for any and all of the following uses and purposes:
to operate and manage the Application;
to provide services or information that You have requested;
to respond to other inquires or requests from You;
to provide You with information about specials or new services that the Application will be introducing;
to provide products, services, or information that You have requested;
to enable Our internal business functions and purposes, such as data analysis and audits;
to enhance Our information and to aid Us in providing to You and other users of the Application, targeted promotions;
in the establishment or exercise of legal rights or defenses against legal claims;
to comply with applicable laws;
to comply with a valid legal process, such as a subpoena, a national security letter, or a court order;
to investigate suspected fraud or a violation of the Policies.
If You open an account with the Application, We retain Your Personal Identifying Information for as long as Your account is open, plus thirty six months, in order to have it available for audit purposes. If You have applied to open an account with the Application but Your application was denied, or if We have permanently blocked or closed Your account for breach of Our Terms of Use and Service Agreement, We retain Your Personal Identifying Information for five years following the date when Your account was permanently blocked or closed. During these periods We will retain Personal Identifying Information, including information from closed accounts, to comply with law, to prevent fraud, to collect any money owed, to resolve disputes, to troubleshoot problems, to assist or cooperate with any governmental or other investigation, to enforce the "Official Rules" of Our prize promotions, to prepare marketing and demographic studies and statistical reports, and to take any other necessary or appropriate actions permitted by law. Please be aware that it may be technologically impossible to remove from Our servers, every record or information that You provide to us. The need for backup means that a copy of Your personal information may exist in non-erasable form.
Except in connection with a sale, assignment, merger, change of control, or financing of PINQUEST, LLC, We will not without Your consent, sell or transfer Your Personal Identifying Information to any “third party” with whom We do not maintain a contractual commitment to protect the confidentiality of Your Personal Identifying Information and does not assist or participate in the operation of the Application. In any event, We will not sell or transfer Your Personal Identifying Information to a data broker or to any third-party not affiliated with PINQUEST™, without consent, except: (1) a transfer in confidence (not a sale) in connection with the sale, assignment, or merger of PINQUEST, or the division responsible for such Application provided, and further except pursuant to (2) a transfer in confidence (not a sale) to any independent testing laboratory for the sole purpose of enabling the independent testing laboratory’s analysis and certification of Our geofence or Our functionalities, and also to an independent service provider that assists Us in compliance with federal know-your-customer regulations imposed upon Us directly or through policies of Our money transfer business. None of We, the Application, or Our contracted data processors use spyware.
We may use Voluntary Information for marketing to You of promotions, features, and offers available from the Application and requests for no-purchase (i.e. free) participation in Our game promotions. From time to time We may send to You by text message and/or email, surveys, questionnaires, and other requests for user feedback. Any responses that We may receive from You and other users of the Application will be used only for evaluation of the Application. No Personally Identifiable Information from respondents to such surveys, marketing materials, requests for free participation or solicitations will be shared with any person who is not an employee of PINQUEST, LLC, except is stated in the Terms of Use and Service Agreement, this Privacy Policy, and the Official Rules of Our game promotions. HOWEVER, YOU CAN OPT OUT of receiving these communications. You can also opt out of Our receiving Your location coordinates.
To opt out of email or text solicitations, send Your opt-out instruction by email to support@playPINQUEST.com.
To opt out of location coordinates, visit www.playPINQUEST.com/optout. (Please note that opting out of Our receipt of location coordinates may adversely affect Your use of the Application.) Please note that unavoidably, opting out may materially impair the utility to You of the Application.
WHAT INFORMATION DOES PINQUEST™ COLLECT THAT IS NOT PERSONAL IDENTIFYING INFORMATION?
We collect and track certain information that is not Personal Identifying Information. This includes as non-limiting examples, Internet protocol address, browser type, access times, domain names, usage habits, and other information which does not specifically identify any person. We may use, share, and disclose non-personally identifiable information for any number of reasons, including, but not limited to, interaction with contracted data processors, “third-party” merchants, money transferring businesses, independent testing laboratories, and other business “partners” and otherwise improving the Application.
USER LOCATION VERIFICATION FOR MOBILE AND TWO-DEVICE AUTHENTICATION.
The Application uses information about Your location, to enable compliance with Our Eligible Jurisdictions and Excluded Jurisdictions policies and to provide customized data to Your account profile. Our electronic system and that of Our contracted data processor detects Your device's approximate location whenever it is turned on (subject to coverage limitations) and connected to the Application. We use location information. If Your device is geo-located within an Excluded Jurisdiction, the login session may be terminated. If Your mobile device is geo-located within a permitted area, a 6-digit access code may be sent, via text message, to the mobile device, requesting You to validate Your device access. Location coordinates are only collected after You have agreed to the Application Terms of Use and Service Agreement, including this Privacy Policy, and the Official Rules of Our Game Promotion.
Depending upon the type of Your device, We may also be able to obtain a wide array of data points to its approximate location. These data services, known as Location-Based Services, are made available by the Application usually via applications that may be pre-loaded on Your device, or manually or automatically downloaded from various application stores, or via connected, interactive Applications.
We may provide location-based services or provide trusted “third parties” with access to Your device’s approximate location, in order to provide services to You. When the location of Your device is requested, You will be given the option to allow the Application or to deny it. We and Our contracted data processor comply with CTIA’s Best Practices Guidelines for Location-Based Services.
DOES THE APPLICATION USE COOKIES, LOGS, IDENTIFIERS, OR PIXEL TAGS?
“Cookies” are small text files that an application can write to Your computer. Like many other applications, the Application may use cookies to identify You, to customize web page content, and allow You to log in once to Our Application, and then search or post, without having to log in again. If You reached Our Application by clicking on a link or advertisement on another Application, then We also log that information. This helps Us to maximize Our Internet exposure and to understand Your interests and those of Our other enrolled users. Cookies cannot be used to read data contained on Your hard drive or device. Cookies cannot retrieve information from any other cookies created by other Applications. Cookies are also used by merchants who sell services or merchandise through the Application to identify You as a Customer.
To maintain privacy, You can disable Your browser's ability to accept cookies. If You do so, You may find that Your browser reacts strangely when visiting the Application and other applications. Most browsers enable You to disable or delete cookies. For examples, in Internet Explorer (version 9), You can block cookies using the cookie handling override settings, available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced.” In Firefox (version 16) You can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the dropdown menu, and un-ticking "Accept cookies from sites.” In Chrome (version 23), You can block all cookies by accessing the "Customize and control" menu, and clicking "Settings,” "Show advanced settings" and "Content settings,” and then selecting "Block sites from setting any data" under the "Cookies" heading.
You can also delete cookies already stored on Your computer. For examples, In Internet Explorer (version 9), You must manually delete cookie files. In Firefox (version 16), You can delete cookies by clicking "Tools", "Options", "Privacy" and then "Show Cookies", and then clicking "Remove All Cookies.” In Chrome (version 23), You can delete all cookies by accessing the "Customize and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Delete cookies and other site and plug-in data" before clicking "Clear browsing data". Again, doing this may have a negative impact on the usability of many applications, including the Application.
Merchants who link with the Application may use cookies on their own application or an external application. We have no access to, or control over these cookies. Accordingly, We will not be responsible for their use or misuse. This Policy only covers the use of cookies by the Application. It does not cover the use of cookies by any “third-party” or application other than www.playPINQUEST.com.
Like many other applications, www.playPINQUEST.com makes use of log files. The information inside the log files includes Internet protocol (“IP”) addresses, type of browser, Internet service provider (“ISP”), date/time stamp, referring/exit pages and number of clicks (all) that We use to analyze trends, administer the Application, track Your movement around Our Application, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable. We use device identifier technologies. These may include device-level cookies and other technologies used to identify a device on future visits. These identifier technologies may be in the form of a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser, and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Identifiers can be used by web servers to identity and track users as they navigate different pages on an application and identify users returning to an application. Device identifiers may be either "persistent" or "session" identifiers. A persistent identifier consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until deleted or (if the user does not delete the file) its set expiration date. A session identifier, on the other hand, will expire at the end of the session, when the web browser is closed. The Application uses session identifiers and persistent identifiers. You will also encounter identifiers derived from contracted data processors, contracted independent testing laboratories, contracted “third party” merchants, and contracted analytics identifiers. When You use the Application, You may also be sent “third-party” identifiers that can be utilized by service providers, so that they may obtain from Your device, the ability to track it across multiple services, to build a profile of Your activity, and to target services which may be used to determine Your location, habits, and other personal data.
In addition, tracking analytics are used to analyze the use of Our Service. Analytics uses and reports only de-identified user data. (“De-identified” means information that cannot reasonably be used to infer information about, or otherwise be linked to You or any other user of the Application. We and Our contracted data processors take reasonable measures to ensure that the information cannot be associated with You or Your household. We commit to maintain and use the information in de-identified form and not to attempt to re-identify the information, except for testing the effectiveness of Our methods of de-identification, and to contractually obligate any recipients of the de-identified information to do the same.)
The system of the Application and its contracted data processor generates deidentified statistical and other deidentified information about You, by means of computer identifiers, which are stored on Your device. The information generated, relating to the Application, is used to create reports about Your use of the Application. The system will store this information. Device identifiers do not contain any information that personally identifies You. However, Personal Identifying Information that is stored about You may be linked to the information stored in, and obtained from, cookies.
Merchants, and non-affiliated “third-parties” that link with the Application may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar technology (collectively, "Pixel Tags"), in connection with some Application pages and HTML-formatted e-mail messages. These are used to compile aggregate statistics about Application usage and response rates, among other things. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Application visitors, and may be associated with Cookies on the visitors' hard drives. Pixel Tags allow the Application to count the number of users who have visited certain pages of the Application, to deliver branded services, to provide online advertising, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, pixel tags can tell the sender whether, and when, the e-mail has been opened.
IS MY INFORMATION PRIVATE WITH PINQUEST’S AFFILIATES?
The Application may contain links to various “third-party” applications and any external applications of Our contracted data processors, contracted independent testing laboratories, contracted “third party” merchants, and contracted analytics compilers. Each of these applications may have a privacy policy that differs from that of the Privacy Policy applying to the Application. The Privacy Policy applying to the Application does not cover the privacy policies of other applications. We encourage You to check the privacy policies of each application that You may visit or interact with. The only information that may be shared between the Privacy Policy applying to the Application and an application of any of Our contracted data processors, contracted independent testing laboratories, contracted “third party” merchants, and contracted analytics compilers is that which We tell You about, either through the Privacy Policy or Terms of Use and Service Agreement of PINQUEST, LLC.
WHAT ABOUT DATA SECURITY?
We and Our contracted Data Processor will use reasonable efforts to keep Your Personal Identifying Information accurate, protected from unauthorized disclosure and safe for the business purposes identified in this Privacy Policy. You are responsible for informing Us about changes to Your Personal Identifying Information. We will update personal information when necessary to keep it accurate, or otherwise provide to You a means (such as account access) to make such updates. We have instituted appropriate security measures that protect against the loss, misuse, unauthorized disclosure or alteration of Personal Identifying Information that We have collected from You. We require that Our contracted data processors, contracted independent testing laboratories, contracted “third party” merchants, and contracted analytics compilers provide contractual assurance regarding the security of the Personal Identifying Information that You and Our other users provide to Us and them. However, in the event of a breach of their security measures, You agree that We will not be liable for any loss of data or other damage to You or to Your business or organization.
We limit access to Your Personal Identifying Information to employees of PINQUEST, LLC for whom We reasonably believe have a need to know, in order to operate the Application. We have physical, electronic, procedural, and contractual safeguards that comply with all applicable laws, to protect against the loss, misuse, unauthorized disclosure, or alteration of Personal Identifying Information that We have collected from You. We have security measures and tools, such as firewalls, in place, to help protect against the loss, misuse, unauthorized disclosure, and alteration of the Personal Identifying Information under Our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If You have reason to believe that Your interaction with Us is no longer secure (for example, if You feel that the security of any account that You have with Us has been compromised), please notify Us of the problem as soon as possible by sending an email to support@playPINQUEST.com.
MAY I SEE THE PERSONAL IDENTIFYING INFORMATION WHICH THE PINQUEST SERVICE COLLECTS ABOUT ME? WHAT OTHER RIGHTS DO I HAVE IN RESPECT OF THAT PERSONAL IDENTIFYING INFORMATION?
You have the right to review Your Personal Identifying Information that We control, but no more frequently than twice in any twelve-month period. You have the right to correct any of Your Personal Identifying Information that We control. You have the right to require Us to delete all or part of Your Personal Identifying Information that We control; provided however that You do not have the right to require Us to delete Personal Identifying Information which United States federal law requires Us to maintain. You have the right to require Us to limit Our use of Your Sensitive Personal Identifying Information to that use which is necessary to perform the services from time to time provided by the Application.
We will provide Your Personal Identifying Information in an understandable format and will accommodate Your exercise of the foregoing rights (all) only in response to a Verifiable User Request from You or Your agent on Your behalf. By a “Verifiable User Request” We mean a written request that is made by Yourself or by a natural person or a juridical person registered with the secretary of state in the state of Your residence, authorized by Yourself to act on Your behalf, or by a person who has power of attorney or is acting as a conservator for You, and that in all cases We can verify, using commercially reasonable methods, that You are the person about whom We have collected Personal Identifying Information upon whose behalf the request is submitted to Us. We shall not be obligated to provide information to You or to accommodate Your other exercise of Your rights stated here to delete Personal Identifying Information, or to correct inaccurate Personal Identifying Information, or to limit Our use of Your Personal Identifying Information if We cannot verify that You, Your attorney in fact or other duly authorized agent making the request is You or as applicable Your representative authorized by the consumer to act on Your behalf.
We are not responsible for removing or correcting Your Personal Identifying Information from the records of any “third-party” merchant who has been previously been provided Your Personal Identifying Information when an application of the “third-party” merchant was accessed by a link on the Application. If We are either not able or not required to provide access to some aspect of Your Personal Identifying Information or some aspect of Your exercise of Your rights regarding it, We will provide reasons for such denying, such as: that by doing so would likely reveal personal information that We control about someone other than Yourself , or that it is confidential commercial information or attorney-client privileged communications, or that the information relates to a breach of an agreement or a contravention of law, or that its disclosure could reasonably be expected to threaten the life or security of another individual, or that the disclosure is prohibited by United States federal law.
To exercise these rights, You can send an email with all pertinent information, including Your name and account number, to support@playPINQUEST.com.
You may also exercise these rights by sending by United States Postal service a written request to:
PINQUEST, LLC
Attention:
12235 Pecos St
Unit 300C
Westminster, CO 80234
WHERE IS THE WEB SITE LOCATED? The Application is maintained within the United States of America.
